New Mexico Entertainment Legal Questions

There are many legal issues one must consider before filming anything, and especially before disseminating the footage. You would not be able to film your college courses without an agreement with your university and releases from the professor and any classmates who appear on film. Simply filming the courses and displaying them on the internet would expose you to severe litigation from the university and anyone appearing in the footage. This is a project that would be better if funded and managed by the university itself.... Read More

This issue falls under publicity laws. A number of states recognize a right of publicity, which is the right of an individual to control the commercial use of their name and likeness. Unfortunately, New Mexico does not recognize a right of publicity at this time. California, among others, does recognize a right of publicity. The use of your friend's voice in commercial music may may well involve copyright infringement, however. I suggest that your friend contact a local entertainment attorney to discuss his or her options for pursuing the matter.... Read More

There is no copyright protection afforded an individual's name, whether it be legal or a pen name. However, trademark protection may apply should the pen name become imbedded in the mind of the public to a degree that the use of it by someone else would cause confusion for consumers. This is a complicated area of law, and there is not a black and white answer without having more information. There are state and federal laws in place that may protect your pen name, depending on the state in which you live. It is unusual for a pen name to receive trademark protection, although it is possible. I highly suggest speaking with an intellectual property or entertainment lawyer so you can provide more detail and determine the best course of action. As for the "virtual" publishing company, as a general rule it is a good idea to have an entity in place to protect yourself from legal liability. If this "company" is not actually doing any kind of business, but is rather some type of marketing gimmick, I suggest speaking with your attorney so the two of you can flesh out in more detail what your goals are and how to best protect yourself.... Read More